Aliso Viejo mayor: Affordable-housing default could harm city

Aliso Viejo Mayor Carmen Cave cautioned residents in her monthly message Friday of the possible repercussions of not adhering to state requirements for affordable housing.

She also touted the city's move to establish a public meeting with neighbors opposing the city's plan to meet the requirement through development of vacant property at 4 Orion.

The neighborhood meeting is a "unique way" to hear concerns without violating the Brown Act, California's open-meeting law, Cave said.

"We understand that residents there are not happy, and we are taking note," Cave said.

Two paragraphs of Cave's letter warned of the consequences the city could face if she and her fellow City Council members do not certify a housing element for the city's General Plan.

"We have very few options on the table," Cave said. Not satisfying requirements for below-market-rate housing for lower-income people could lead to "expensive court battles, suspension of discretionary land-use authority and forfeiture of state grant money."

That was the case with Mission Viejo, which also was designed by Mission Viejo Co. That city was sued by housing advocates in 2006 and eventually was ordered by a court to make zoning changes, and it cost taxpayers more than $375,000, city documents show.

"If we do not comply with state law by meeting our housing requirements, the court can make it happen anyway," Cave said. "We could lose local control and be forced to put something in that neighborhood that is against everyone's wishes."

Cave emphasized the need to remain public and impartial in any upcoming votes.

"As elected officials, we always have to be mindful of violating the Brown Act and not putting ourselves into a position where someone could legally challenge our ability to participate because we've attended forums, one-on-one meetings or made backdoor deals or promises that could prejudice us or unduly influence an outcome one way or another," Cave said. "Our best bet is to have discussions publicly so we can preserve the integrity of the process."

Two days before Cave issued her letter, the City Council voted to expand the scope of closed-door discussions that its Vantis ad hoc committee can have to include sites like the one in dispute at 4 Orion. Meetings of the committee are not subject to the Brown Act.

Shea Properties, which holds a deed restriction at 4 Orion, has not commented publicly on its interest in developing the site, but it said in a 2011 letter to the city that it was "actively pursuing development opportunities of multifamily communities within the area."

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